G L STEPHEN STALLONE DALE Vs. RITA ALOYSIOUS

JUDGEMENT

(1.) THE complainant in a prosecution for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the N.I.Act') is the appellant as he is aggrieved by the order dated 3.3.2006 in S.T.No. 84 of 2005 of the court of the Judicial First Class Magistrate- X, Thiruvananthapuram by which the learned Magistrate acquitted the accused under Section 256(1) of the Cr.P.C.

(2.) HEARD the counsel for the appellant. I have perused the judgment of the trial court impugned in this appeal.

(3.) FROM the impugned order, it appears that on the date of the impugned order, the case was posted for evidence with an order that no further time will be granted. Though counsel for the appellant submitted that the appellant/complainant was laid up due to fever, the said fact is not brought to the notice of the learned Magistrate and no application is filed and there was no representation as well. Thus, it can be seen that there is serious lapse on the part of the complainant in prosecuting the matter on merit. However, it can be seen that though the court has taken cognizance for the offence punishable under Section 138 of the N.I.Act, there is no decision on merit and considering the fact that the cheque in question covers an amount of Rs.3.5 lakhs, according to me, one more opportunity can be given to the complainant, but subject to terms .